Key legal question
Whether the Federal Administrative Court’s inadmissibility ruling for non-payment of the advance fee was arbitrary or excessively formalistic.
Extracted holding
No. The appellant had been properly warned of the amount, deadline, and consequences; the late payment did not cure the defect, and no comparable rule required an additional grace period.
Extracted reasoning
Swiss procedure allows dismissal when an advance fee is not paid on time if the warning is adequate. There is no equivalent to Art. 62(3) LTF in the administrative procedure, and difficulties in payment should be addressed by legal aid or a request for extension. The late payment and personal difficulties did not constitute a non-fault impediment.